WSR 10-22-104

PROPOSED RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed November 2, 2010, 12:41 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 10-15-107.

Title of Rule and Other Identifying Information: Chapter 296-127 WAC, Prevailing wage -- Scope of work definitions.

Hearing Location(s): Department of Labor and Industries, 7273 Linderson Way S.W., Room S119, Tumwater, WA 98501, on December 9, 2010, at 2:00 p.m.

Date of Intended Adoption: January 18, 2011.

Submit Written Comments to: Sally Elliott, P.O. Box 44400, Olympia, WA 98504-4400, e-mail yous235@lni.wa.gov, fax (360) 902-5292, by December 9, 2010.

Assistance for Persons with Disabilities: Contact Sally Elliott by November 24, 2010, at (360) 902-6411 or yous235@lni.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Prevailing wage rates on public works projects are determined and enforced according to the trade or occupation or "classification" of work actually performed. The purpose of this rule making is to write scope of work descriptions for dredge workers, truck drivers, and ready mix truck drivers.

Reasons Supporting Proposal: See Purpose above.

Statutory Authority for Adoption: Chapter 39.12 RCW and RCW 43.22.270.

Statute Being Implemented: Chapter 39.12 RCW and RCW 43.22.270.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of labor and industries, governmental.

Name of Agency Personnel Responsible for Drafting: David Soma, Tumwater, Washington, (360) 902-5330; Implementation and Enforcement: Steve McLain, Tumwater, Washington, (360) 902-6348.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule is specifically exempt from the small business economic impact statement requirement because the proposed rule will not impose more than minor costs on businesses (see RCW 19.85.030 (1)(a)).

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Sally Elliott, P.O. Box 44400, Olympia, WA 98504-4400, phone (360) 902-6411, fax (360) 902-5292, e-mail yous235@lni.wa.gov.

November 2, 2010

Judy Schurke

Director

OTS-3622.3


NEW SECTION
WAC 296-127-01366   Ready mix truck drivers.   For the purpose of the Washington state public works law, chapter 39.12 RCW, ready mix truck drivers drive transit mixer type trucks used for the transportation of wet concrete products and related supplies to, from, and on construction projects.

The work includes all types of construction projects that are covered under chapter 39.12 RCW and WAC 296-127-018.

The work includes the use of any transit mixer type truck designed to deliver wet concrete including, but not limited to: Roller or barrel trucks, semi-mixer trucks, and roll-off mixer bodies.

Ready mix truck drivers deliver wet concrete to forms, trenches, pumpers, pumper trucks, conveyors, curb machines, buckets, wheel barrows, buggies, screeds, and slip-form machines, etc.

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NEW SECTION
WAC 296-127-01397   Dredge workers.   For the purpose of the Washington state public works law, chapter 39.12 RCW, dredge workers perform hydraulic dredge operations by operating and maintaining dredge equipment to mine or excavate sand, gravel, contaminants, or other materials from any existing body of water, and to maintain navigable channels in waterways. Dredge work includes, but is not limited to:

(1) Assistant engineer. Works under the engineer or fills the responsibilities of the engineer in his absence.

(2) Assistant mate (deck hand). Handles lines to moor vessels to wharves, ties up vessels to other vessels, or rigs towing lines. Assists the mate in the general operation of the dredge.

(3) Boatman (licensed). Operates vessels that assist in the assembly and disassembly of the dredge pipeline, moves dredges from one location to another, moves anchors and transfers crew and supplies to and from hydraulic dredges. Must be licensed by U.S. Coast Guard according to waters navigated, tonnage, and length of vessel.

(4) Engineer. Operates and maintains engines, generators, and machinery aboard dredges except when the dredge is laid up for a period exceeding five days for maintenance, overhaul, or repair. See subsection (8) of this section.

(5) Fill equipment operator. Operates the equipment to construct and maintain the fill grade at shore disposal sites.

(6) Fireman. Maintains steam pressure within specified parameters. Feeds fuel to the boiler fire box.

(7) Leverman, hydraulic. Operates power-driven dredges to excavate and maintain navigable channels in waterways and to mine sand, gravel, or minerals from the bottoms of lakes, rivers, and streams. Directs workers engaged in placing shore anchors and cables, laying additional lengths of pipes from dredge to shore, and in pumping water from pontoons. Starts and stops engines to operate equipment. Moves levers to place dredges in position for excavation, engages hydraulic pumps, raises and lowers suction booms, and controls rotation of cutter heads. Operates the winches that control the positioning of dredges (anchors, cables, or spuds). Determines by various means depths of excavations.

(8) Maintenance. Performs work on dredges when the dredge is laid up for a period exceeding five days for maintenance, overhaul, or repair.

(9) Mate. Works under the direction of the leverman and is responsible for quickly effecting repair of dredge breakdowns that stop or impede the dredging process. Maintains deck lines and performs general maintenance, including cleaning and painting. Directs deck hands in assisting with the above responsibilities.

(10) Oiler. Is responsible for lubrication of all machinery aboard dredges, checking and maintaining all fluid levels, and cleaning and painting engine rooms, except when the dredge is laid up for a period exceeding five days for maintenance, overhaul, or repair. See subsection (8) of this section. Assists engineers as required.

(11) Tenderman/boatman (unlicensed). Operates vessels that assist in the assembly and disassembly of dredge pipelines, moves anchors and transfers crew and supplies to and from hydraulic dredges.

(12) Welder. Repairs buckets, machinery, and other metal items on board dredges. Responsible for all welding work on board dredges, except when the dredge is laid up for a period exceeding five days for maintenance, overhaul, or repair. See subsection (8) of this section.

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NEW SECTION
WAC 296-127-01398   Truck drivers.   For the purpose of the Washington state public works law, chapter 39.12 RCW, truck drivers drive all types of self-propelled trucks and other vehicles used for the transportation of materials, personnel, and supplies to, from, and on construction projects. The truck drivers scope of work does not include any transit mixer type truck when used to deliver wet concrete products, including roller or barrel truck, semi-mixer truck, roll-off mixer body, or any work that is covered under the ready mix truck drivers scope of work.

The work includes the following types of projects:

All types of construction projects that are covered under chapter 39.12 RCW and WAC 296-127-018.

The work includes, but is not limited to, operation of the following types of equipment:

(1) Any truck, or truck and trailer mounted bulk material delivery system that uses gravity, pneumatic, hydraulic, electrical, mechanical, or other means to load and/or unload, including a solo dump truck, dump truck and trailer, dump truck and pup, transfer dump truck and trailer, side dump truck, belly dump truck (single trailer or combination), flow-boy (walking floor trailer), debris trailer, chip trailer, top-loaded container and chassis, semi-end dump truck, roll-off dump body truck, off-road end dump truck, hard tail, articulating end dump truck, pneumatic trailer (dry bulk), hopper trailer, and conveyor aggregate delivery truck.

(2) Any tank truck, water truck, water pull truck, tack truck, oil spreader truck, sweeper truck, and vacuum sweeper truck.

(3) Any truck or truck tractor and flat bed, stretch trailer, drop frame, tilt bed, low boy, drop tail, or any configuration of specialized equipment trailers.

Truck drivers:

Deliver and place aggregate materials such as rock, crushed rock, sand, gravel, pit run, fill dirt, top soil and top soil mixes, lime, cement, dry concrete, bark and bark products, and other "material" on construction projects;

Deliver project specific premanufactured concrete and/or steel bridge spans, premanufactured concrete segments, tunnel liner segments, and other project specific premanufactured structures;

Deliver and place nonproject specific premanufactured concrete and/or steel bridge spans, premanufactured concrete segments, tunnel liner segments, and other nonproject specific premanufactured structures on the project;

Deliver and place asphalt, asphalt products, and other paving materials at job sites;

Drive various types of trucks and equipment, moving materials, operating sweepers, and water trucks for cleanup and dust control at and on construction sites; and

Remove by export, overburden, common and contaminated excavation, construction debris, demolition debris, recycle debris, and unused stockpiled material from job sites.

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Washington State Code Reviser's Office